Discussion:
In November 2020, the City entered into a License Agreement with Xcel Energy to construct, use and maintain mountain bike trails on Xcel Energy's property adjacent to Quarry Lake Park.
Subsequently, the City and Xcel Energy entered into an Encroachment Agreement in July 2023 to allow the construction of Xcel Energy's privately owned and maintained driveway to be located on City property providing access to the Blue Lake Generating Facility. The driveway is planned as a 12-ft wide asphalt pavement and will only be used by Xcel Energy on a minimal basis (e.g. when the UP railway is blocked by trains) and is limited to passenger vehicles only. The driveway is not to be used by park patrons and will be gated off at the connection with the proposed park road.
Construction of the driveway requires implementation of stormwater management improvements to provide treatment and rate control for the runoff generated from the impervious areas. The stormwater management improvements will be located along the driveway on City property.
This First Amendment to Encroachment Agreement is necessary to document the construction, maintenance and inspection requirements of the private stormwater management improvements. Additionally, the agreement will permit the City to maintain the improvements if Xcel Energy fails to meet their obligations, at their cost.